Ordinance 2020-4350 CPS-4 LAND DEVELOPMENT REGULATIONS
PUBLIC-PRIVATE MARINA MIXED-USE REDEVELOPMENTS
ORDINANCE NO. 2020-4350
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF
MIAMI BEACH, SUBPART B, ENTITLED, "LAND DEVELOPMENT
REGULATIONS," BY AMENDING CHAPTER 142, ENTITLED, "ZONING
DISTRICTS AND REGULATIONS," ARTICLE II, ENTITLED "DISTRICT
REGULATIONS," DIVISION 18, ENTITLED. "PS PERFORMANCE
STANDARD DISTRICT," BY CREATING SECTION 142-708, ENTITLED,
"ADDITIONAL REGULATIONS FOR PUBLIC-PRIVATE MARINA MIXED-
USE REDEVELOPMENTS," TO CREATE DEVELOPMENT REGULATIONS
APPLICABLE TO PUBLIC-PRIVATE MARINA MIXED-USE
REDEVELOPMENTS INCORPORATING CITY-OWNED MARINA
PROPERTY; AND PROVIDING FOR CODIFICATION, REPEALER,
SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the Miami Beach Marina, owned by the City of Miami Beach, is a uniquely
situated property along the bayfront with a future land use designation of Public Facility (PF)
Governmental Use in the 2040 Comprehensive Plan ("Comprehensive Plan"); and
WHEREAS, the Public Facility (PF) Governmental Use land use designation in the
Comprehensive Plan is intended to provide opportunities for existing and new governmental uses
on City-owned or controlled property, such as the Miami Beach Marina; and -
WHEREAS, the Miami Beach Marina has a zoning classification of GU Governmental
Use; and
WHEREAS, pursuant to City Code Section 142-425, the development regulations in the
GU Governmental Use district "shall be the average of the requirements contained in the
surrounding zoning districts as determined by the planning and zoning director"; and
WHEREAS, the Miami Beach Marina is surrounded by property with a zoning
classification of CPS-4; accordingly, the development regulations applicable to the Miami Beach
Marina site are the regulations for the CPS-4 district; and
WHEREAS, the Mayor and City Commission now desire to amend the land development
regulations applicable to the CPS-4 zoning district, in order to encourage the public-private
redevelopment of aging facilities, and to provide additional public benefits; and
WHEREAS, the proposed improvements will address resiliency and sea level rise,
consistent with the policies and goals in the 2040 Comprehensive Plan; and
WHEREAS, the proposed zoning regulations will allow for increased height and modified
setback and use regulations to reflect the unique nature of the property; and
WHEREAS, the adoption of these regulations will promote desirable public-private
marina redevelopment; and
WHEREAS,the amendments set forth below are necessary to accomplish all of the above
objectives; and
WHEREAS, the amendments have been reviewed by the Planning Board, the City's local
planning agency,which recommends their adoption and finds them to be consistent with the City's
adopted Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Chapter 142 of the Land Development Regulations, entitled "Zoning Districts and
Regulations," at Article II, entitled "District Regulations,"at Division 18, entitled "PS Performance
Standard District," is hereby amended as follows:
CHAPTER 142
ZONING DISTRICTS AND REGULATIONS
ARTICLE II
DISTRICT REGULATIONS
* * *
DIVISION 18
PS PERFORMANCE STANDARD DISTRICT
* * *
Sec. 142-708. - Additional regulations for public-private marina mixed-use
redevelopments.
Public-private marina mixed-use redevelopments incorporating City-owned marina property, and
including residential dwelling units and significant publicly accessible green open space, which
property is designated as "Public Facility (PF)" under the City's Comprehensive Plan, may be
developed as provided in this section; in the event of a conflict within this division, the criteria
below shall control:
(1) Maximum building height: 385 feet. The maximum height for allowable height regulation
exceptions for elevator and mechanical equipment shall be 30 feet above the height of the
roofline of the main structure. Notwithstanding the foregoing, the design review board, in
accordance with the applicable review criteria, may allow up to an additional five feet of height,
as measured from the base flood elevation plus maximum freeboard, to the top of the second-
floor slab.
(2) The setback requirements shall be as provided in section 142-699, except that the pedestal
shall be subject to the following minimum setbacks:
(a) Front: 5 feet
(b) Interior side: 20 feet
(c) Rear: 5 feet.
(3) All floors of a building containing parking shall incorporate residential or commercial uses
along the eastern side fronting Alton Road;all other sides of a building containing parking may
incorporate alternative non-use screening such as landscape buffering and physical design
elements.
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith are hereby repealed.
SECTION 3. CODIFICATION.
It is the intention of the City Commission, and it is hereby ordained that the provisions of
this ordinance shall become and be made part of the Code of the City of Miami Beach as
amended; that the sections of this ordinance may be renumbered or relettered to accomplish
such intention; and that the word "ordinance" may be changed to "section" or other appropriate
word.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE,
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this Of day of /1111 , 2020.
Dan Gelber, Mayor
ATTEST:
Z-A 1.
Rafael E. Granado, City Clerk
APPROVED AS TO FORM AND
LANGUAGE AND FOR EXECUTION
A110)1
City Attorney ` l Date
First Reading: June 24, 20201v
Second Readin.: July 29, 2020 ��Mt B....
Verified by: , •• IRCORP
� ORATED`
omas R. ooney-, Ar; P
Planning Director cF�.zJ",_;=
T:1Agenda12020106 June 241PIanning1300 AR CPS-4 Development regs LDR-First Reading ORD.docx
Ordinances- R5 G
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: July 29, 2020
10:06 a.m. Second Reading Public Hearing
SUBJECT:CPS- LAND DEVELOPMENT REGULATIONS PUBLIC-PRIVATE MARINA
MIXED-USE REDEVELOPMENTS
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF
MIAMI BEACH, SUBPART B, ENTITLED, "LAND DEVELOPMENT
REGULATIONS," BY AMENDING CHAPTER 142, ENTITLED, "ZONING
DISTRICTS AND REGULATIONS," ARTICLE II, ENTITLED "DISTRICT
REGULATIONS," DIVISION 18, ENTITLED "PS PERFORMANCE
STANDARD DISTRICT," BY CREATING SECTION 142-708, ENTITLED,
"ADDITIONAL REGULATIONS FOR PUBLIC-PRIVATE MARINA MIXED-
USE REDEVELOPMENTS," TO CREATE DEVELOPMENT REGULATIONS
APPLICABLE TO PUBLIC-PRIVATE MARINA MIXED-USE
REDEVELOPMENTS INCORPORATING CITY-OWNED MARINA
PROPERTY; AND PROVIDING FOR CODIFICATION, REPEALER,
SEVERABILITY,AND AN EFFECTIVE DATE.
RECOMMENDATION
The administration recommends that the City Commission adopt the subject ordinance.
BACKGROUND/HISTORY
HISTORY
On April 22, 2020, at the request of Mayor Dan Gelber, the City Commission referred the item
to the Land Use and Sustainability Committee (Item C4 F). The item was simultaneously
referred to the Planning Board. On May 6, 2020 the Land Use and Sustainability Committee
(LUSC) discussed the item and continued it to the May 26, 2020 LUSC agenda. On May 26,
2020, the LUSC recommended that the Planning Board transmit the item to the City
Commission with a favorable recommendation.
BACKGROUND
The City is the owner of the property located at 300-390 Alton Road, the site of the Miami
Beach Marina. Miami Beach Marina Associates, Ltd., the current lessee of the Miami Beach
Marina ("Lessee"), and Alton Road Mixed Use Investments, LLC ("ARMUI"), are proposing a
public-private partnership with the City of Miami Beach to enter into a new lease of the Miami
Beach Marina, for the purpose of developing and constructing the following (altogether, the
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"Project"):
1. A private luxury residential tower that would include approximately 60 residential units and
approximately 275,000 gross square feet. To maximize design flexibility as this process
proceeds,ARMUI seeks the ability to develop a tower with a maximum height of up to 385 feet.
2. A new Marina building and enhanced neighborhood ground floor retail on the site of the
current Marina building, with a total of approximately 45,000 gross square feet of accessory
commercial, retail and office space.
3. Significant upgrades to the existing condition of the Marina facilities.
4. The introduction of substantial green space, including an at-grade "Marina Park". This new
park is approximately one (1)acre in size, and will be open to the general public.
5. Significant resiliency enhancements, as well as improvements to the public baywalk along the
Miami Beach Marina.
The proposal would provide the City with a rare opportunity to negotiate a new lease with
improved lease terms and deliver additional public benefits to the City. The proposed
transaction is complex, as it will involve the negotiation, drafting and approval of various
interrelated agreements to implement the Project and its various components. The following is a
summary of the different components of the Project, which are companion items to this
ordinance:
1. A new lease agreement for the Miami Beach Marina, with a term of 99 years proposed by
Lessee and improved financial and other terms.
2. A purchase and sale agreement for the sale, by the City, of the development site and air
parcel for the private residential portion of the Project, with the purchaser, an affiliate of ARMUI
("Air Rights Purchaser"), paying to the City fair market value.
3.A development agreement governing the development, design and construction of the entire
project.
4. The vacation of the western half of the Alton Road right-of-way abutting the City-owned
parcels along 300-390 Alton Road, consisting of approximately 25,500 square feet (the "Alton
ROW"). Upon the vacation, fee ownership of the Alton ROW would revert to the City, with the
associated development rights to be incorporated for use as part of the Project to permit the
Project to be realized as contemplated above.
5. Currently, as to the Alton ROW, the City holds a right-of-way dedication,which confers on the
public an exclusive right of use, so long as the Alton ROW is used for the purpose of the
dedication (namely, for pedestrian and vehicular access). By operation of law, once the City
vacates the right-of-way, the underlying fee interest in the Alton ROW reverts to the current
abutting property owner(which in this case, is the City, as owner of a portion of Lot 1 and all of
Lots 22-31, as described in Exhibit 1). Accordingly, the proposed vacation of the Alton ROW
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differs from prior vacations approved by the City, because the City would be vacating a right-of-
way in favor of itself, and the vacated Alton ROW would remain under the City's complete
control.
6. An amendment to the Public Facility (PF)future land use regulations in the Comprehensive
Plan, to permit public-private marina redevelopments, including retail sales and service
establishments, commercial uses including business and professional offices, eating and
drinking establishments, apartment residential uses, and recreational uses. The Miami Beach
Marina site at 300 Alton Road (the "Marina Site") has a future land use designation of "Public
Facilities (PF) Governmental Use." The Comprehensive Plan amendment would modify the PF
Future Land Use regulations to allow for"public-private marina redevelopments."
The new lease agreement and sale of air rights will each require approval by a majority of the
voters voting in a Citywide referendum pursuant to Section 1.03(b)(1)of the City Charter.
.ANALYSIS
PLANNING ANALYSIS
The attached ordinance amends the Land Development Regulations for the CPS-4 district, as
further detailed below. Pursuant to the Land Development Regulations, the Marina Site has a
zoning designation of "GU, Government Use." City Code Section 142-425 provides that the
development regulations for the GU district are an average of the development regulations
(setbacks, floor area ratio, signs, parking, etc.) of the surrounding zoning districts. The sites
immediately abutting the Marina Site have a designation of "CPS-4, Intensive Mixed-Use
Phased Bayside Commercial" As such, the CPS-4 zoning district regulations apply to the
adjacent GU district,where the Marina Site is located.
The attached draft Ordinance amends the Land Development Regulations to create regulations
for sites with a public-private marina mixed-use redevelopment and a PF Future Land Use
designation.A summary of the proposed new regulations is as follows:
1) Increase the building height limit from 150 feet to 385 feet.
2) Increase the height for allowable height exceptions from 25 feet to 30 feet.
3)Modify setbacks as follows:
a. Increase the front setback from 0 feet to 5 feet.
b. Increase the interior side setback from 7.5 feet to 20 feet.
c. Maintain the 5-foot rear setback.
4) Allow non-use screening (as opposed to commercial and residential uses) along floors
containing parking,on all frontages except the Alton Road frontage.
As the subject property is owned by the City, and the zoning designation of the site is GU, any
new development requires City Commission approval.Additionally, as the Project qualifies as a
private or joint govemment/private use within the meaning of City Code Section 142423,
Planning Board review is also required. Ultimately, if the various Project components are
approved by the City Commission and the voters in a Citywide referendum, the design of the
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Project will require Design Review Board approval.
The massing and scale of the Project will be determined by the overall height and the
aggregation of development rights resulting from the sale of air rights and vacation of the Alton
ROW. Staff would like to emphasize that these components are interrelated, and the developer
has studied numerous options regarding the dimensions of both the tower and pedestal portions
of the proposed new structure.
Building Height
The most significant part of the CPS-4 amendments is the proposed increase in allowable
building height.The average height for waterfront buildings along the Alton Road corridor to the
south of 5th Street is 301 feet. The following are the building heights of adjacent structures:
1) Icon at South Beach—450 Alton Road:423 feet
2) Murano Grande—400 Alton Road: 407 feet
3) Rebecca Tower North—200 Alton Road: 115 feet
4)Rebecca Tower South— 150 Alton Road: 115 feet
5)The Yacht Club—90 Alton Road: 341 feet
,6)Murano— 1000 South Pointe Drive: 402 feet
Staff believes that the proposed maximum allowable height of 385 feet is compatible with
existing, surrounding buildings, given the existing context of taller residential structures along the
east side of Alton Road / South Pointe Drive. In this regard, the proposed maximum height of
385 feet is well below most of the existing residential structures along the east side of Alton
Road/South Pointe Drive.
The existing Marina Site is quite large, particularly in terms of width, and, although composed of
an uninspired array of surface parking and an awkward commercial building, does provide a very
substantial light, air and view corridor, from multiple vantage points. This is due, in large part, to
the relatively low height of the existing Monty's building. If the maximum building height were
lower, the floor area would be distributed in a more horizontal manner, resulting in the
broadsiding of the Marina Site. This would wall off an important light, air and view corridor. The
utilization of a more narrow, although taller, tower, would allow for the retention of a significant
portion of this light, air and view corridor.
When viewed holistically with all of the waterfront parcels south of 5th Street, the proposed
building height of 385 feet is contextually compatible from an urban design standpoint. This is
fully consistent with the established fabric of residential buildings that have been built along the
waterfront since 1987 (South Pointe Tower). A narrower tower and a smaller building footprint
create more opportunities for ground level open space. The modified setbacks and frontage
requirements proposed also provide greater opportunities for open space.
Mon Road ROW Vacation
The developer is proposing a residential tower with accessory commercial space, comprised of
approximately 60 units and 320,000 square feet of development on the site.The FAR
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calculations for this site are complicated by an apparent transfer of +/-174,000 square feet of
floor area to the Murano Grande and Icon projects from the Marina Site as part of the
Development Agreement executed in 1986 by and between the City, the Miami Beach
Redevelopment Agency, and South Shore Developers, Inc. (the "SSDI DA"). At or about the
same time, the evidence suggests that an additional 105,000 square feet of floor area from Lots
30 and 31 were transferred to the parcels to the north in connection with the development of the
Murano Grande and Icon projects.
The SSDI DA, together with a series of City development actions throughout the 1980s,
combined to form links resulting in the successful transformation of the South of Fifth
neighborhood. By operation of the transfer, all information reviewed to date indicates that the
available FAR on the Marina Site is less than the maximum zoned FAR of 2.5 permitted at
present under the City's Land Development Regulations. Consequently, the developer has
proposed the vacation of the Alton ROW to provide for additional development rights, in order
to accommodate the proposed Project, and to account for, and offset, the previous transfers of
FAR.Without the vacation of the Alton ROW, the remaining available floor area on the Marina
Site would not be sufficient to accommodate the Project as proposed.
Planning staff and the City Attorney's Office have previously advised the developer that if the
proposed vacation of the Alton Road does not receive City Commission approval, the Land
Development Regulations could be amended to increase the maximum zoned FAR for public-
private marina mixed-use redevelopments. Such an increase would require the approval of the
City's voters in a Citywide referendum pursuant to City Charter Section 1.03(c).1 Based on
information reviewed to date, the Land Development Regulations would need to be amended to
increase the maximum permitted FAR by approximately 0.5 FAR.
Staff would like to emphasize that the overall square footage proposed for the Project is modest
and suitably scaled when measured against the existing, as-built neighborhood context
established by Murano, The Yacht Club Portofino, Murano Grande,and Icon.
NOTES:
1. City Charter Section 1.03(c) provides that"[t]he floor area ratio of any property or street end
within the City of Miami Beach shall not be increased by zoning, transfer, or any other means
from its current zoned floor area ratio . . . , unless any such increase in zoned floor area ratio for
any such property shall first be approved by a vote of the electors of the City of Miami Beach."
PLANNING BOARD REVIEW
The Planning Board held a public hearing on June 23,2020 and transmited the ordinance to the
City Commission with a favorable recommendation by a vote of 7-0.
UPDATE
The subject ordinance was approved at first reading on June 24, 2020,with no changes.
CONCLUSION
The administration recommends that the City Commission adopt the subject ordinance.
Applicable Area
South Beach
Is this a"Residents Right Does this item utilize G.O.
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to Know" item,pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Legislative Tracking
Planning
Sponsor
Mayor Dan Gelber
ATTACHMENTS:
Description
o ORDINANCE - Form Approved
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